
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC8723]

 
                         TITLE 10--ARMED FORCES
 
                          Subtitle D--Air Force
 
                           PART II--PERSONNEL
 
                      CHAPTER 855--HOSPITALIZATION
 
Sec. 8723. When Secretary may require

    The Secretary of the Air Force may order the hospitalization, 
medical and surgical treatment, and domiciliary care for as long as 
necessary, of any member of the Air Force on active duty, and may incur 
obligations with respect thereto, whether or not the member incurred an 
injury, illness, or disease in line of duty, except in the case of a 
member treated in a private hospital, or by a civilian physician, while 
on leave of absence for more than 24 hours.

(Aug. 10, 1956, ch. 1041, 70A Stat. 539; Pub. L. 99-661, div. A, title 
VI, Sec. 604(f)(1)(D), Nov. 14, 1986, 100 Stat. 3878; Pub. L. 100-26, 
Sec. 7(j)(11), Apr. 21, 1987, 101 Stat. 283.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
8723..................................  10:455e.                             Ju
ly 15, 1939, ch. 282; restated
                                        32:164d.                              O
ct. 14, 1940, ch. 875, Sec.  5,
                                                                              5
4 Stat. 1137.
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---------------------------------

    The words ``under such regulations as he may prescribe'', in 10:455e 
and 32:164d, are omitted, since the Secretary has inherent authority to 
issue regulations appropriate to exercising his statutory functions. The 
references to 10:455a-455d and 32:164a-164c, and the words ``nor any 
other law of the United States shall be construed as limiting the power 
and authority'', are omitted, since the revised section makes explicit 
the authority of the Secretary to require the prescribed hospitalization 
and care. The words ``or in training, under the provisions of sections 
62--'' are omitted as covered by the words ``active duty''. The words 
``so long as any or all are necessary'' and ``in the active military 
service'' are omitted as surplusage. With the exception of 32:62 (4th 
proviso of last sentence), the references to 32:62-65, 144-146, 183, and 
186, in 10:455e and 32:164d, do not refer to members of the Air National 
Guard of the United States and are therefore omitted from the revised 
section. 10:455e (1st proviso) and 32:164d (1st proviso) are omitted, 
since they apply only to the National Guard and are covered by section 
320 of title 32.


                               Amendments

    1987--Pub. L. 100-26 struck out comma after ``disease''.
    1986--Pub. L. 99-661 substituted ``incurred an injury, illness, or 
disease'' for ``was injured, or contracted a disease''.


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-661 applicable with respect to persons who, 
after Nov. 14, 1986, incur or aggravate an injury, illness, or disease 
or die, see section 604(g) of Pub. L. 99-661, set out as a note under 
section 1074a of this title.
